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Fun In the Sun: The FDA Speaks Out On Sunscreens

FDA Commissioner Dr. Scott Gottlieb issued a press release on May 22nd, announcing new FDA actions that it says will keep consumers safe...

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Does Canada Dry Ginger Ale Have "Real Ginger"?

In Webb v. Dr. Pepper Snapple Group, Inc., the plaintiff filed a class action complaint against defendants Dr. Pepper Snapple Group, Inc....

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On Graffiti, Public Art and Snoopy

As a kid growing up in the suburbs of Boston, we often drove into the city, and a highlight of the ride was passing by the oil tank on...

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LambChoppery

In a recent decision, the Sixth Circuit Court of Appeals upheld the district court’s dismissal of pet food company Wysong Corporation’s...

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New FTC's Senate Testimony Gives Insights Into What's Next

Last Thursday, Federal Trade Commission Chairman Joe Simons testified on behalf of the FTC before the Senate Appropriations Committee on...

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Law School Exam: What Type of Promotion Is This?

Any promotion involving chocolate will get my attention.  And this one had the added benefit of whetting my intellectual appetite as...

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Scratch Off Sweepstakes Card Triggers Class Action

Back in the 1990s, lawsuits and regulatory actions against sweepstakes operators were legion. In the wake of these actions, and in a...

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Robot Calling? Better Have Consent.

You answer the phone.  After a moment of silence, a recorded voice starts a pitch.  (You hang up.)  

This call may have...

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Bing Prohibits Cryptocurrency Advertising

Yesterday, Bing announced that it will no longer accept advertising for cryptocurrency, cryptocurrency-related products, and unregulated...

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Tyc Sports Pulls LGBTQ Spot in Face of Criticism

Tyc Sports, an Argentinian broadcaster, published an ad that was meant to condemn Russia's anti-LGBTQ laws ahead of Russia's hosting of...

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The Man with the Tiger Tattoo

In recent years, a number of tattoo artists have filed copyright infringement lawsuits when tattoos that they have inked into their...

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Can Consumers Get Injunctive Relief When They Are Unlikely to Purchase the Product Again?

In Davidson v. Kimberly-Clark Corporation, the plaintiff sued, alleging that Kimberly-Clark falsely advertised its pre-moistened wipes as...

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FTC Settles Case Over Deceptive Hearing Aid Claims

The Federal Trade Commission recently settled with Global Concepts Limited, Inc. and other defendants ("Global Concepts") over charges...

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Suppressing Negative Reviews "Unfair"

In 2017, the FTC filed a complaint in the Southern District of Florida against World Patent Marketing and its owner, alleging that they...

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"Less Sore. More Smiles." Not Puffery Says NAD

As some of my colleagues commented when I told them that I was going to blog about NAD’s recent decision involving Carmex Cold Sore...

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Made, Built, or Manufactured in the USA?

Recently, the Federal Trade Commission closed its investigation into whether marketing materials for Tradenet Enterprise, Inc. d/b/a...

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Potential Perils of Not Paying SAG Pension & Health?

A complaint filed last week in California state court presents interesting questions regarding the potential liability that an advertiser...

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TTAB Allows Registration of DR. DRAI Trademark by OB-GYN

The Trademark Trial and Appeal Board (“TTAB”) dismissed hip-hop mogul Dr. Dre’s opposition to registration of the trademark DR. DRAI (and...

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You've Proven False Advertising, But What About Damages?

In Out of the Box Enterprises v. El Paseo Jewelry Exchange, the plaintiff sued for false advertising under the Lanham Act and California...

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Court Gives Online Membership Program A (Data) Pass

Affirming the decision of the district court granting summary judgment to defendants, the Second Circuit has determined that a putative...

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Florida AG Slams Restaurants: Says Locavore Claims Untrue

Florida AG Pam Bondi has filed a complaint against the Miami-based Icebox Cafe and its owner for allegedly supplying non-locally sourced...

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Mosquito Repellant Maker Settles with FTC

Mikey & Momo, Inc., the makers of Aromaflage perfumes and candles, entered into a settlement with the Federal Trade Commission over...

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Chambers USA Gives Top Rating to Our Advertising Group

We are very pleased to share with you the terrific news that our Advertising Group received a top rating in Chambers USA 2018.   In...

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SHOOT's New Directors Showcase to be Held on May 24th

On May 24, 2018, SHOOT is holding it's 16th Annual New Directors Showcase Event at the DGA Theater in New York City.  The event...

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FTC Now Has Full Commission

With Noah Joshua Phillips, Rebecca Kelly Slaughter, and Rohit Chopra being sworn in yesterday, the Federal Trade Commission now has five...

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A Line of Happy Chickens

NAD recently announced a Decision in a challenge brought by Tyson Foods against Perdue Farms. Perdue’s broadcast and Youtube ads promote...

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Simons Sworn in as FTC Chairman

Today, Joseph Simons was sworn in as Chairman of the Federal Trade Commission.  Appointed by President Trump, his term on the...

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